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WV SB668

Bill

Status

Introduced

1/29/2026

Primary Sponsor

Rupert Phillips

Click for details

Origin

Senate

2026 Regular Session

AI Summary

  • Allows prevailing parties in civil actions to request attorney's fees and costs when a claim is dismissed as frivolous, filed for improper purposes like harassment, or lacking evidentiary support
  • Courts must award fees if a claim was not warranted under existing law, lacked factual basis, or was brought to harass another party
  • Attorney's fees are imposed on the attorney (not the client) of a represented party, with law firms held jointly responsible for violations by partners, associates, and employees
  • Pro se litigants are exempt from fee awards unless the court finds they acted unreasonably in bringing or refusing to withdraw the dismissed claim
  • Takes effect January 1, 2027, and applies only to claims filed on or after that date

Legislative Description

Providing compensation to victims of abusive lawsuits

Actions, Suits and Liens

Last Action

To Judiciary

1/29/2026

Committee Referrals

Judiciary1/29/2026

Full Bill Text

No bill text available